BY SENATOR(S) Liston and Roberts;
also REPRESENTATIVE(S) Armagost and Lindstedt, Clifford, Duran.
Concerning requirements for online marketplaces with respect to third-party sellers.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 6-1-1402, amend (5) as follows:
6-1-1402. Disclosure of information by online marketplaces to inform consumers - reporting of suspicious marketplace activity. (5) Reporting mechanism. (a) An online marketplace shall disclose to consumers, in a clear and conspicuous manner on the product listing of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
(b) An online marketplace shall alert a law enforcement agency if the online marketplace knows or should have known that a third-party seller is selling or attempting to sell stolen goods to a consumer in Colorado, unless the online marketplace has received a notice from the law enforcement agency that the same third-party seller is suspected or attempting to sell the same stolen goods on the online marketplace to a consumer in Colorado. An online marketplace shall establish:
(I) A mechanism that allows the online marketplace to communicate with a law enforcement agency in a timely and confidential manner, through a link to a dedicated web page, online portal, or point of contact; and
(II) Internal systems, staff, and written policies to monitor product listings to detect and prevent organized retail crime.
SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Signed By: James Rashad Coleman, Sr., President of the Senate
Signed By: Julie McCluskie, Speaker of the House of Representatives
Signed By: Esther van Mourik, Secretary of the Senate
Signed By: Vanessa Reilly, Chief Clerk of the House of Representatives
Signed By: Jared S. Polis, Governor of the State of Colorado